Chief Justice Gavai Champions Indigenous Jurisprudence in Final Days of Tenure

Gavai will be stepping down as the CJI on Sunday. (File)

New Delhi:

Chief Justice of India (CJI) BR Gavai, who will conclude his tenure on Sunday, stated on Friday that he consistently prioritized the "Swadeshi" interpretation of law in his judgments, deliberately avoiding reliance on British and American legal precedents.

Highlighting a recent example, Gavai referred to the five-judge constitutional bench opinion regarding the Presidential Reference on governors' powers. He emphasized that he deliberately chose Indian precedents over foreign jurisprudence when formulating this important verdict.

Gavai's remarks came after Solicitor General of India (SGI) Tushar Mehta commended him, noting that "a fresh breeze of Indianness has started flowing in the judgments" under Gavai's leadership alongside Justice Surya Kant.

"In yesterday's judgment, we did not use a single foreign judgment and we used Swadesi interpretation," Gavai responded, specifically referring to the opinion addressing whether timelines can be established for Governors and Presidents in handling State Bills.

The constitutional bench had carefully distinguished the American system and UK Crown procedures from India's constitutional framework.

SGI Mehta praised this approach, stating, "Your lordships said we have our own jurisprudence, and the constitution bench judgment answered everything in just 110 pages. It is a new thing. Judgment should be a judgment and not an article for a law review."

Chief Justice designate Justice Surya Kant, who also addressed the ceremonial bench, acknowledged the challenge of following Gavai's exemplary standards. "He has set high standards, which makes my task more daunting. He was truly a brother. We were elevated together to the Supreme Court, and it was in 2003-2004 when we first met. It was two decades ago. He became my trusted confidante."

Justice Kant further lauded Gavai's commitment to placing merit and excellence at the core of his judicial philosophy, noting that Gavai worked tirelessly to uphold these principles.

"His devotion to the rule of law has always been unshakable. His voice in such moments has been clear and decisive," Kant concluded.